JB/055/293/001

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1824. Feby. 4
Constitutional Procedure Code

13
Ch. Costs
13 §. Procedure First Lines
§.3. Costs
English Law

The cases in which the offence belongs to the publico-private
class and among them those in which the motive
is depredation are those in which the situation of the injured
individual injured is most deplorable. In whatsoever
degree he has been to suffer by the loss, he is again
made a sufferer by the costs of the endeavour to bring the
criminal to justice. When usually under his loss, he repairs
to the office of a Justice of Peace in hope of remedy
he finds himself caught as it were in a trap: no relief
can he have without entering into an engagement to prosecute
to become prosecutor, and to bear the unknown load of expence
to which that situation exposes lays him. For him to conduct
the prosecution himself has been rendered impossible: a part
of his little property has been taken by the thief: the remainder
he finds himself obliged to divide among the lawyers. In
this case are to this great majority of the members of the
community. The goods themselves if forthcoming ought should by
him in every case and perhaps in some cases are returned
to him; but of this can not be let the seizable property
capable of the criminal be every so ample no part of
is applied to make compensation for his loss: on the contrary
it is seized in the name of the King and its in
proportion and manner much too big to relate state divided among his
instruments creatures.

The misfortune is that so long as the form of government
is what it is all this evil is unremediable. Were
the King to pay costs, the and with it the expence would be so enormous, were
the King to exact costs, the cries of the oppressed would be
so alarming, the scandal would be so enormous.

The Judges have their In the upon the oppressor, of the oppressor
the Judges have their stars; the professional lawyers in and
out of Parliament House. Neither the one nor the other will
willingly part with the smallest part of their share: nor so has
in the form of government continues what it is will the other members of the
members of the government concur in forcing them. Monarchy and Justice are incontestable.

Identifier: | JB/055/293/001"JB/" can not be assigned to a declared number type with value 55.
Date_1	1824-02-04	Marginal Summary Numbering
Box	055	Main Headings	Constitutional Code; Procedure Code
Folio number	293	Info in main headings field	Procedure Code
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	D13 / E13
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18014
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